2013Shandong Jingcha Xueyuan xuebaoRequires access

On Concept Misunderstanding of Criminal Responsibility in Crimes Commited by Unit and Its Amendment

Zuo Jian-we

Open publisher page 0 citations

Abstract

At present,the criminal responsibility of unit crimes determined by criminal theory in China is still restricted by the theory of criminal responsibility of natural person.In fact,the punishment principle applicable to crimes by natural person is used to punish unit crime,which can not meet the needs of judicial practice.Meanwhile,if the punishment criteria applicable to crime by natural person are used to measure whether the criminal punishment imposed on unit crime is rational,the inevitable conclusion is that the actural needs of judicial practice will be completely divorced from theoretical state.The concept of criminal responsibility of unit crime should be rectified and criminal responsibility system of unit crime should be constructed based on the individual characteristics of unit crime in an effort to step out of misunderstanding.

About this research paper

What this paper is about

At present,the criminal responsibility of unit crimes determined by criminal theory in China is still restricted by the theory of criminal responsibility of natural person.In fact,the punishment principle applicable to crimes by natural person is used to punish unit crime,which can not meet the needs of judicial practice.Meanwhile,if the punishment criteria applicable to crime by natural person are used to measure whether the criminal punishment imposed on unit crime is rational,the inevitable conclusion is that the actural needs of judicial practice will be completely divorced from theoretical state.The concept of criminal responsibility of unit crime should be rectified and criminal responsibility system of unit crime should be constructed based on the individual characteristics of unit crime in an effort to step out of misunderstanding.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

At present,the criminal responsibility of unit crimes determined by criminal theory in China is still restricted by the theory of criminal responsibility of natural person.In fact,the punishment principle applicable to crimes by natural person is used to punish unit crime,which can not meet the needs of judicial practice.Meanwhile,if the punishment criteria applicable to crime by natural person are used to measure whether the criminal punishment imposed on unit crime is rational,the inevitable conclusion is that the actural needs of judicial practice will be completely divorced from theoretical state.The concept of criminal responsibility of unit crime should be rectified and criminal responsibility system of unit crime should be constructed based on the individual characteristics of unit crime in an effort to step out of misunderstanding.

Key concepts: Punishment (psychology), Unit (ring theory), Criminal responsibility, Criminal law, Natural person, Law, Criminology, Criminal procedure

Related papers

Back to paper searchBrowse research topicsOriginal source
On Concept Misunderstanding of Criminal Responsibility in Crimes Commited by Unit and Its Amendment — Research Paper | ScholarLens